Strasbourg, 19 October 2011
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HUMAN RIGHTS DEFENDERS
IN THE COUNCIL OF EUROPE AREA
Round-Table
Strasbourg, 27-28
October 2011
BACKGROUND NOTE
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CommDH(2011)39
organised by
the Office of the Council
of Europe Commissioner for Human Rights
Introduction
- The Council of Europe Commissioner for Human Rights (hereinafter
the Commissioner) believes in the vital importance of the contribution of
human rights defenders to the promotion and protection of human rights for
all. His support for the work of human rights defenders has figured
prominently throughout his work,
in particular when defenders have faced serious risks to their life and
integrity because of their human rights engagement.
- Having regard to his broad mandate to promote the
effective observance and full enjoyment of human rights, as well as to the
Committee of Ministers Declaration of 2008 to “improve the protection of
human rights defenders and promote their activities”, the Commissioner has
repeatedly called on states to “create a conducive environment for the
work of human rights defenders, which enables individuals, groups and
associations to carry out peaceful activities for the promotion and
protection of human rights and fundamental freedoms, without restrictions
other than those authorised under the European Convention on Human Rights”.
The Commissioner continues to act upon information received by human
rights defenders and recently highlighted the difficult and deteriorating
human rights situation in Belarus.
- During his country visits to member states of the
Council of Europe, the Commissioner meets with human rights defenders to
discuss various matters of concern and inquires about the problems they
face. For example, in the framework of his visit to the Russian Federation
in May 2011, the Commissioner discussed at length the situation and work
environment of human rights defenders, including in the North Caucasus
Federal District.
The Commissioner also tackled the challenges faced by human rights defenders
in Turkey and Azerbaijan.
The Commissioner also recently highlighted the positive role of a regional
coalition of non-governmental organisations (from Serbia, Bosnia and
Herzegovina and Croatia) working on the establishment of a truth
commission related to the armed conflicts in the former Yugoslavia.
- The Commissioner uses information obtained from human
rights defenders to engage a dialogue with government authorities to put
an end to any systemic practices, policies and legislation which violate human
rights standards or hinder human rights defenders from effectively conducting
their work.
- In order to effectively perform his role, the
Commissioner has sought to meet with diverse groups of human rights defenders
on an annual basis. In 2008, he held a round-table in Strasbourg with a
cross-section of defenders from around the Council of Europe area; in 2009
in Kyiv with defenders from former Soviet Union countries; and in 2010 in
Sarajevo with defenders from South East Europe. The round-table foreseen
for 27-28 October in Strasbourg seeks to complete a circle of dialogue by
bringing together defenders from across the Council of Europe area to
discuss progress, ongoing challenges and possible solutions three years
after the first roundtable in 2008.
- Since the round-table in Sarajevo in December 2010 organised
by the Office of the Commissioner, various activities in support of human
rights defenders have been organised by different actors. The Observatory
for the Protection of Human Rights Defenders, a joint programme of the
International Federation for Human Rights (FIDH) and the World
Organisation Against Torture (OMCT), organised a third meeting of
intergovernmental mechanisms and programmes involved in the protection of
human rights defenders in December 2010 in Warsaw. Participants discussed cooperation
and the modalities of their interaction on individual cases; the
visibility of their actions; country visits; trial observation; protection
measures; and preventive action. In July 2011, the
United Nations Special Rapporteur on the
situation of human rights defenders published a ‘Commentary
to the Declaration on human rights defenders’ to increase public
understanding of the UN Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms
(herein ‘ UN Declaration’) and to raise awareness
on the difficulties human rights defenders face.
- Acknowledging the continued importance of the promotion
and protection of human rights defenders as well as the relevance of a
special procedures body to monitor progress and report challenges, the United
Nations Human Rights Council adopted a Resolution extending the mandate of
the Special Rapporteur on the situation of human rights defenders on 24
March 2011. In
order to assist states in promoting further those fundamental freedoms
which are key to the work of defenders, the Human Rights Council in
September 2010 established the new office of the Special Rapporteur on the
rights to freedom of peaceful assembly and of association, and Mr Maina Kiai from Kenya was
appointed to this position in May 2011.
- The European Parliament discussed in December 2010 its Annual Report on Human Rights in the World 2009 and
the European Union's policy on the matter
and made several references to the responsibilities of states to promote
and protect the work of human rights defenders. A proposal was made to
create EU Special Representatives for Human Rights issues, who would also
follow human rights defenders-related issues, and the importance of
improving rapid responses by EU countries when human rights defenders are at
risk was also highlighted.
Objective of the round-table
- The aim of this round-table is to continue the
Commissioner’s dialogue with human rights defenders from around the entire
Council of Europe area, and to reflect on the implementation of the
recommendations agreed upon during previous events. The presence of the
Commissioner, and the representatives of other international
inter-governmental and non-governmental organisations, is a signal of their
commitment to support the work of human rights defenders.
- The round-table serves as one of the most effective
means of gathering together a diverse group of human rights defenders in
order to share experiences, including good practices and lessons learned,
as well as to develop practical and coordinated solutions to ongoing
challenges and to recommend concrete steps or actions to remedy
less-favourable human rights situations.
- This round-table will aim to enhance links and
strategic cooperation between human rights defenders from the Council of
Europe area. Substantive, focused discussions during the event will serve
to assess the concrete situation of human rights defenders and existing or
possible solutions to problems in order to improve national human rights
protection frameworks and the action of international programmes and
mechanisms.
- The substance and recommendations of the round-table
discussions will be summarised in a public report.
Participants
- This round-table will bring together human rights
defenders from more than 20 different countries; as well as experienced representatives
of all the key international and regional inter-governmental organisations
and non-governmental organisations.
- All attendees will be invited to participate actively
in the discussions and to contribute specific information on the situation
in their respective country and region. Where possible, interventions
should be formulated in terms of concrete examples and recommendations.
Programme and structure of the
round-table
- The round-table will take place over the course of one
and a half day and will be divided into the following sessions:
·
Hindrances to the work of human rights defenders and possible
solutions
·
Access to human rights protection mechanisms
·
Effective participation of human rights defenders in public
consultations and decision-making processes
- Each session will have one moderator and two
introductory speakers.
- The following information serves as a starting-point
from which participants can begin to reflect on the proposed substance of
the round-table. Without pre-judging the final outcome of the round-table
discussions, participants are encouraged to prepare constructive commentary
and pertinent examples for each of the three sessions.
Session I: Hindrances to the work
of human rights defenders and possible solutions
- The UN Special Rapporteur on the situation of human
rights defenders’ ‘Commentary to the Declaration’ issued in July 2011 lists
of common restrictions and violations: stigmatisation; prosecution of
defenders and criminalisation of their activities; role of non-state
actors; sexual violence and rape; judicial harassment; threats and attacks
on physical and psychological integrity; obstacles to registration; impediments
to access and communication with international bodies; restrictions on
access to information; use of security and other legislation to prosecute
defenders who criticise the authorities; criminalisation of defamation and
libel; impediments in access to funding and burdensome reporting and
financial requirements.
- In terms of the prosecution of defenders and the
criminalisation of their activities, the Commissioner has, on several
occasions, commented on the persistent trend in some countries across the
Council of Europe region to adopt laws and practices which restrict the
space for human rights work and ultimately hinder the activities of human
rights defenders.
Many national laws and policies remain incompatible with the European
Convention on Human Rights specifically, and with international human
rights standards in general. The failure of states to reform their
national legal and administrative frameworks can result in a legitimatisation
of violations against human rights defenders.
- Certain aspects of freedoms of association, assembly
and expression are frequently criminalised. For example, the Commissioner
raised concerns about the situation in Azerbaijan in relation to the
harassment and selective prosecution of journalists and youth activists
expressing critical opinions; difficulties experienced by national and international
NGOs in carrying out their activities freely; and impediments to freedom
of peaceful assembly.
Regarding the situation in Belarus, the Commissioner found that the
working environment for human rights defenders and their situation had sharply
deteriorated since the December 2010 elections, pointing in particular to
the denial of registration of the Viasna Human Rights Centre and the
detention of its Chair, Ales Bialiatski.
- States have a responsibility to protect the integrity
and ensure the safety of human rights defenders when they are at risk. During
his visit to the Russian Federation in May 2011, the Commissioner
addressed at length the situation of human rights defenders, in particular
in the North Caucasus, assessing that they were still being stigmatised
and that any attacks or threats against defenders should be unequivocally
condemned and effectively investigated. The Commissioner also underlined
that perpetrators of crimes against defenders and those who order them
should be brought to justice.
The Commissioner recently mentioned reports of attacks and threats against
human rights defenders in Turkey and called for an effective investigation
into the murder of Hrant Dink, also considering the judgment of the
European Court of Human Rights on this case.
- Several possible solutions can be devised to remedy the
problems faced by human rights defenders. One obvious way is to change the
legal and administrative frameworks as well as to implement legislation in
compliance with international human rights standards. Networks of human
rights defenders joining forces in conducting human rights work and
creating a safer environment for their work, such as the South Caucasus
Network of human rights defenders, are also useful. It is also worth mentioning the
Joint Mobile Groups led by the Nizhny Novgorod-based NGO “Committee
Against Torture,” which are working on a rotational basis in Chechnya in
order to look into investigations of human rights violations and to
provide legal assistance to victims.
Questions:
·
How do you assess the ‘common restrictions and violations’ impeding the
work and personal security of human rights defenders, and what do you think may
be the key challenges in your country in the short-to-medium term future?
·
Do certain groups of defenders face more hindrances, and if so, who and
why, and how can the human rights defender community collectively attempt to
address the situation?
·
Are there any good practices to be reported when it comes to overcoming
obstacles human rights defenders face or creating a favourable work environment
for their work?
·
The influence and diversity of social media outlets continues to grow. How
can defenders embrace this phenomena and use it to promote and protect their
work in defence of human rights?
Session II: Access to human
rights protection mechanisms
- Many states in the Council of Europe area have
established national human rights structures (NHRSs) including
ombudspersons, human rights commissions, equality bodies, as well as
monitoring bodies for places of deprivation of liberty including National
Preventive Mechanisms, which serve to assist in ensuring compliance with
international human rights standards and to foster a human rights culture
among their institutions and citizens. Out of the 47 Council of Europe
member states, only 20 have A-status national human rights structures.
- In 1992 and 1993, the Human Rights Commission and the
General Assembly adopted resolutions on principles relating to the status
of national institutions (otherwise known as the Paris Principles).
In his report to the Human Rights Council in February 2011, the UN Secretary
General emphasised the “need for open, participatory and pluralistic
processes when establishing or strengthening NHRIs in compliance with the Paris
Principles”.
- The Commissioner has repeatedly underlined the
importance of establishing and strengthening legally-recognised and
adequately-resourced NHRSs during his country visits and in his reports to
the Council of Europe’s Council of Ministers and Parliamentary Assembly.
Although progress has been made, the attention of the Commissioner has often
been drawn to concerns surrounding the legitimacy, independence and effectiveness
of NHRSs.
- NHRSs must have a clear mandate, be staffed by impartial
and competent individuals, and have powers commensurate with their
responsibilities. The relationship of NHRSs to the legislative, executive,
judiciary and public must be examined. The legal status of mechanisms; the
manner of recruitment of individuals to these mechanisms; the enforceability
of their reports and recommendations as well as the possibility to deal
with allegations of human rights violations committed by the judiciary
have been some of the areas which have been the subject of scrutiny in recent
years.
- NHRSs act also in the interests of vertical
accountability – between citizen and government – and as such,
must also interact with the public. According to participants of the OSCE
Supplementary Human Dimension Meeting on NHRIs, “engagement with civil
society actors was seen as critical not only because NGOs play a role as
early warning systems to indicate a deteriorating human rights situation
but also because of their role as a source of information and expertise
from all segments of society, such as religious communities and other
minorities”. It
will be important to assess the level of cooperation and coordination
between NHRSs and civil society human rights defenders, including in terms
of information exchange, use of expertise and joint initiatives. NHRSs can
also play a significant role in situations when defenders are at risk or
have been attacked.
- Besides NHRSs, specific laws and mechanisms, such as
those aiming at combating hate crimes and discrimination and at protecting
witnesses, can contribute to create a favourable work environment for
human rights defenders. Several member states of the Council of Europe
have adopted legislation and established mechanisms in that regard, and it
would be important to assess whether they serve their purpose and whether
human rights defenders can use them in their work as well as to protect
themselves.
Questions:
·
Do NHRSs in your country meet the recognised minimum standards outlined
in the Paris Principles? How do you assess their concrete contribution to human
rights promotion and protection?
·
What is the relationship and level of cooperation between NHRSs and human
rights defenders and organisations (e.g. specific examples of interaction such
as joint initiatives, inclusion of defenders’ expertise in activities of NHRSs and
in their advisory boards)?
·
To what extent have human rights defenders been able to rely on NHRSs and
other human rights protection mechanisms and laws to protect them?
·
What are some of the good practices of NHRSs from across the Council of
Europe region (government responses to NHRSs’ reports; role of NHRSs in commenting
on draft legislation; engagement of NHRSs in planning public consultation
processes)?
Session III: Effective
participation of human rights defenders in public consultations and
decision-making processes
- The issue of participation should have been raised in
sessions 1 and 2, in terms of the legal and administrative hindrances which
defenders face in implementing their activities and in terms of the
challenges to cooperation between NHRSs and civil society – both of
which have an impact on the effectiveness of defenders’ participation in
public consultations and decision-making processes.
- As recent events in several countries have shown,
failure to ensure the effective participation by the public in decision-making
processes can result in mounting frustration which may ultimately spill
over into civil unrest. The optimal inclusion of civil society thus
remains one of the key challenges of modern democracy. For civil society
groups, the participation of human rights defenders and organisations in
decision-making processes and public consultations is essential for promoting
and ensuring adherence with human rights standards.
- Across the Council of Europe area, human rights
defenders point to their lack of effective participation in these
processes, citing a reluctance or insufficient commitment by state
authorities for including them in decision-making processes and public
consultations. Impediments to participation range from ignorance of
defenders’ reports to the stigmatisation of those who are putting forward
assessments and recommendations which are critical of the authorities and
contrary to their interests. Unfortunately,
human rights defenders are all too frequently regarded as one of the more
marginalised sections of civil society and tend to remain on the fringes
of public life at the national and local level. Effective participation within institutionalised
consultation and decision-making processes can strengthen, legitimise and
publicise the profile and activities of human rights defenders.
- A vast body of opinion exists on the ideal levels and means
for effective participation, not least from within the Council of Europe.
The November 2009 Additional Protocol to the European Charter on Local
Self-Government
clearly outlines the right to participate in the affairs of a local
authority and the measures which local authorities should take to ensure
the right to participate. The Conference of
INGOs Code of Good Practice for Civil Participation in the Decision-making
Process (2009)
outlines four levels of participation
and identifies six steps in the political decision-making process.
As such, governments need to take a close look at the existence and
functioning of public consultation and decision-making processes at the
local, regional and national levels in order to fully promote the rights
enshrined in the UN Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms. In line with
commitments enshrined in the Council of Europe Framework Convention on the
Protection of National Minorities, governments must then further assess
the access to and involvement in decision-making processes of members of
vulnerable or disadvantaged groups including children, youth, minorities,
women, and persons with disabilities.
- Aside from responsibilities for ensuring effective
participation of human rights defenders in domestic public consultation
and decision-making processes, governments should also ensure that
defenders are able to have access to and communicate with international
bodies. Human rights defenders must be free from acts of intimidation or
reprisal from state or non-state actors, and limitations should not be
placed on freedom of movement or access to information by the imposition
of overly restrictive legislation or administrative procedures.
- Finally, not only do human rights defenders have the right
to participate, but they also have a responsibility to
participate. Defenders, especially those who are attached to civil
society organisations or institutions, have a duty to use and improve
established channels of communication and consultation with officials to
comment on government proposals, to voice requests and concerns, and to
monitor and evaluate the implementation of human rights standards.
Similarly, human rights defenders must play a role in improving
participation within their respective organisations or institutions by promoting
internal democracy, as well as equal opportunities for traditionally
disadvantaged groups, who should have the possibility to advance through
the promotional ranks, attend international events, and to speak on behalf
of the group. Defenders must hold themselves accountable to the same ethical
standards - including as regards participation - which they advocate more
widely.
Questions:
·
Human rights defenders currently participate in public consultation and
decision-making processes at what:
·
How can defenders participate equally in within public consultation and
decision-making processes at the local and national levels?
Documentation